During a panel discussion at the SBC Summit 2026 in Lisbon, lawyer Felix Hohenthanner discussed Austria's significant move to open its online gambling market. His firm, Rapani Rechtsanwälte, specializes in regulatory matters. He described the shift as "huge," noting that the country's online gambling monopoly has lasted for about 20 years. This change is seen as promising for all stakeholders involved.
Alongside OVWG president Simon Priglinger-Simader, Hohenthanner expressed that two or three years ago, few anticipated such a development. The primary motivations for this shift include a channelisation rate of approximately 30% and the need for the state to enhance tax revenues amidst an EU deficit procedure.
Despite the excitement surrounding the new regulations, there is caution regarding the timeline for implementation. The draft law stipulates that licensing applications will be accepted starting January 1, 2027, with licenses becoming effective on October 1, coinciding with the expiration of Win2Day's exclusive online license. Hohenthanner deemed this timeline as "very ambitious," noting that certain procedural elements have already been expedited.
The consultation phase for the law was brief, lasting only two weeks and attracting over 100 submissions, but the draft remained fundamentally unchanged as it was sent to Brussels. Additionally, a submission from Malta might further delay the law's enforcement. Hohenthanner expressed doubts about a functioning licensing process in the first quarter of 2027 while still hoping for the timeline to be met, stating, "I really hope so, as a regulatory lawyer."
Priglinger-Simader expressed similar caution regarding the interest in Austria's iGaming market. He mentioned the finance ministry's expectation of up to 20 applications, though he suggested it could be fewer than 10 if significant issues are not resolved. He pointed out player claims refunds, which cannot be deducted from the tax basis, as a potential barrier for applicants.
Operators with previous activities in Austria must address player claims and settle back taxes. Those continuing to operate after January 1 will have to wait 18 months before they can apply for a license. On stage, Arthur Stadler, the founding partner of Stadler Partners, predicted that the number of applicants could range from five to ten.
There is also uncertainty around regulatory enforcement, as the authority responsible for payment and IP blocking is yet to be established. When asked for a specific date for enforcement commencement, Hohenthanner remarked, "I’d be a magician if I could give you a date."
Priglinger-Simader indicated that having 15 operators applying would be considered a success for this new regulatory framework. He warned that if licenses do not materialize in early 2027, the government may need to reevaluate its approach. Hohenthanner summarized the challenge succinctly: "You only get players into a regulated market if the legal product is attractive."
